Supreme Court of Pakistan

Supreme Court of Pakistan
Court name	Supreme Court of Pakistan
Caption	The Supreme Court Building in Islamabad
Established	2 March 1956
Country	Pakistan
Location	Islamabad (Principal Seat), Lahore, Karachi, Peshawar, Quetta
Authority	Constitution of Pakistan
Terms	Mandatory retirement at age 65
Positions	17 (including Chief Justice)
Chiefjudgename	Qazi Faez Isa
Termstart	17 September 2023
Website	www.supremecourt.gov.pk

Supreme Court of Pakistan. The Supreme Court of Pakistan is the apex court and the final arbiter of law and the Constitution of Pakistan. Established under the 1956 Constitution, it serves as the ultimate appellate court and exercises significant powers of judicial review, public interest litigation, and suo motu jurisdiction. The Court has played a pivotal role in the nation's political and constitutional history, adjudicating on matters ranging from the dissolution of parliaments to fundamental rights, thereby shaping the legal and democratic landscape of Pakistan.

History

The Court's origins trace to the Federal Court established in 1937 under the Government of India Act 1935, which continued to function in the dominion of Pakistan after the Partition of India in 1947. The Supreme Court was formally constituted on 2 March 1956 with the adoption of Pakistan's first constitution, succeeding the Federal Court. Its history is deeply intertwined with the nation's periods of martial law, including those under Ayub Khan, Yahya Khan, Muhammad Zia-ul-Haq, and Pervez Musharraf. Landmark moments include its validation of the 1958 coup in the Dosso case, its courageous ruling against Yahya Khan's actions in the Asma Jilani case, and its pivotal role in the Lawyers' Movement (2007–2009) which culminated in the restoration of Chief Justice Iftikhar Muhammad Chaudhry. The Court's jurisprudence has evolved through various constitutional phases, including the Eighth Amendment and the Eighteenth Amendment.

Composition and structure

The Supreme Court consists of a Chief Justice of Pakistan and a number of puisne judges, with a total sanctioned strength of seventeen. Judges are appointed by the President of Pakistan based on recommendations from the Judicial Commission of Pakistan, a body headed by the Chief Justice and comprising senior judges, the Attorney-General for Pakistan, and members of the Pakistan Bar Council. A judge must be a citizen of Pakistan, have been a judge of a High Court for five years or an advocate of a High Court for fifteen years. The Court sits in Islamabad as its principal seat and has permanent registries (branch offices) in the provincial capitals of Lahore, Karachi, Peshawar, and Quetta. It typically hears cases in benches of varying sizes, from two-member benches to larger benches or the full court for matters of profound constitutional importance.

Jurisdiction and powers

The Court possesses extensive jurisdiction under Chapter 2 of the Constitution. Its appellate jurisdiction covers civil and criminal appeals from the High Courts of Pakistan. It holds original jurisdiction to settle federal-provincial disputes and to issue writs for the enforcement of fundamental rights. A defining feature is its power of judicial review to examine the constitutionality of legislative acts and executive actions. The Court is also empowered to take suo motu notice on matters of public importance, a power frequently invoked. It has advisory jurisdiction, offering opinions to the President of Pakistan on questions of law, and exercises jurisdiction over contempt of court. The Court is the final interpreter of the Constitution of Pakistan.

Notable cases and rulings

The Court has delivered numerous landmark judgments. In the Maulvi Tamizuddin Khan case (1955), the Federal Court (predecessor) clashed with the Constituent Assembly. The 1972 Asma Jilani case invalidated Yahya Khan's martial law. The 1996 Al-Jehad Trust case established guidelines for judicial appointments. The 2009 National Reconciliation Ordinance case nullified the amnesty ordinance promulgated by Pervez Musharraf. The 2012 Contempt of court case against Yousaf Raza Gillani led to the disqualification of the Prime Minister. More recent significant rulings include the 2023 Practice and Procedure Act case concerning judicial powers and the 2024 judgment on the Election Commission's authority regarding the PTI's electoral symbol.

Chief Justices of Pakistan

The Chief Justice is the head of the country's judicial system. Notable Chief Justices include Muhammad Munir, who presided during the early martial law era; Alvin Robert Cornelius, known for his dissenting opinion in the Dosso case; Sajjad Ali Shah, whose tenure saw a confrontation with the executive; Iftikhar Muhammad Chaudhry, a central figure in the Lawyers' Movement; and Saqib Nisar, known for active use of suo motu powers. The current Chief Justice is Qazi Faez Isa, appointed in September 2023. The office has been instrumental in administrative reforms of the judiciary and in asserting judicial independence.

Building and facilities

The principal Supreme Court building is located on Constitution Avenue in the Red Zone of Islamabad, adjacent to the Parliament House and the Prime Minister's Secretariat. Designed by architect Kenzō Tange, the iconic structure is noted for its modernist architecture and symbolic representation of justice. The building houses courtrooms, judges' chambers, the extensive Supreme Court Library, and administrative offices. The registries in Lahore, Karachi, Peshawar, and Quetta operate from their own facilities to serve litigants from across the country. The Court also utilizes video-link technology for hearings.

Category:Supreme Court of Pakistan Pakistan Category:1956 establishments in Pakistan